No Majority: Can Netanyahu Launch Military Action Against Iran?

News Desk 

Israel: Israel has entered a period of political uncertainty following inconclusive national election results, leaving the country without a clear parliamentary majority. 

Despite the political deadlock, legal experts say caretaker Prime Minister Benjamin Netanyahu retains the authority to make key national security and defence decisions, including continuing military operations against Iran.

According to Israeli media reports, neither Netanyahu’s right-wing coalition nor the opposition bloc led by former military chief Gadi Eizenkot secured a majority in the 120-member Knesset. The outcome is expected to complicate and prolong negotiations to form a new government.

Eizenkot has acknowledged that Netanyahu remains in office as caretaker prime minister but warned that he could use security and defence issues to serve his political interests. 

Netanyahu’s office has firmly rejected allegations that the prime minister is exploiting the conflict with Iran for political gain.

Guy Lurie, a research fellow at the Israel Democracy Institute, said Israeli law grants a caretaker government the same legal powers as a fully elected administration. However, such governments are expected to exercise restraint and act cautiously, particularly when making decisions with significant long-term implications.

Reuters, citing legal experts, reported that caretaker administrations face certain limitations, particularly concerning appointments to senior positions. 

Nevertheless, they retain considerable discretion to take measures considered necessary in the public interest and for national security.

Or Asher, a researcher at the Tel Aviv-based Tahlit Institute, said security matters generally fall outside the usual restrictions imposed on caretaker governments.

He explained that Israel’s Supreme Court has traditionally held that caretaker administrations should avoid decisions with far-reaching consequences unless an urgent or emergency situation justifies them.

The court has also historically been reluctant to intervene in decisions concerning military operations and warfare, Asher noted. Meanwhile, parliamentary oversight is at its weakest during the initial weeks after a new parliament is elected, before its committees are established.

This combination of legal authority and limited parliamentary scrutiny means Netanyahu could legally make decisions involving military action against Iran while continuing to serve as caretaker prime minister, according to the experts cited in the reports.

Following the announcement of the final election results, Israeli President Isaac Herzog will consult the leaders of parliamentary parties before selecting the candidate most likely to command majority support to form a government.

The designated candidate will have up to 42 days to assemble a governing coalition. Until a new government takes office, Netanyahu will remain caretaker prime minister and retain the authority to make decisions deemed necessary for the country, including on defence and national security.